BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100021436 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, his DD Form 214 (Report of Transfer or Discharge) be corrected to show:

* an infantry military occupational specialty (MOS)
* his dates of service in Vietnam
* any awards and decorations to which he may be entitled for his service in Vietnam

2.  The applicant states:

* he was in the infantry
* he served in Vietnam from December 1968 to August 1969

3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 6 January 1967 for a period of 
3 years.  He was awarded primary MOS 76Y (supply specialist) on 15 December 1967.  His DA Form 20 (Enlisted Qualification Record) shows:

* he arrived in Vietnam on 22 December 1968
* he served in MOS 76Y assigned to the 9th Military Police Company, 9th Infantry Division in Vietnam from 3 January 1969 through 17 January 1969
* he served in MOS 76Y assigned to Company A, 3rd Battalion, 60th Infantry of the 9th Infantry Division in Vietnam from 18 January 1969 to 8 February 1969
* he served in MOS 76Y assigned to Company C, 3rd Battalion, 60th Infantry of the 9th Infantry Division in Vietnam from 9 February 1969 to 20 June 1969
* he served in MOS 76Y assigned to Batteries C and A, 1st Battalion, 11th Artillery Headquarters, 9th Infantry Division in Vietnam from 21 June 1969 to 13 August 1969
* he served in U.S. Army Pacific (USARPAC)- Vietnam from 22 December 1968 through 14 August 1969 in item 31 (Foreign Service)
* he arrived in USARPAC-Hawaii on 14 August 1969     

3.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he served 8 months and 10 days of foreign service.  Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry "76Y4O SUPPLY."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Army Commendation Medal as authorized awards.  Item 30 (Remarks) does not show any Vietnam service.

4.  Orders, dated 29 March 1969, show he was awarded secondary MOS 11B (light weapons infantryman). 

5.   Records show he participated in three campaigns during his assignment in Vietnam.




6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit, 9th Military Police Company, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January to June 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 3rd Battalion, 60th Infantry, at the time of his assignment was also awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January to June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 1st Battalion, 11th Artillery, at the time of his assignment was also awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January to June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (e.g., USARPAC) in which the service was performed would be entered in item 22c.  The regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 with the inclusive dates of service in Vietnam and the entries 


"Yes" or "No" for service in Indochina and Korea.  In addition, the regulation states the primary MOS code number and title would be entered in item 23a on the DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

DISCUSSION AND CONCLUSIONS:

1.  He was awarded secondary MOS 11B on 29 March 1969.  However, there is no provision to show secondary MOSs on the DD Form 214, only the primary MOS.  Therefore, there is no basis for granting his request to show an infantry MOS on his DD Form 214. 

2.  The entry in item 31 of the applicant's DA Form 20 which shows he served in Vietnam from 22 December 1968 through 14 August 1969 is accepted as sufficient evidence on which to add the entry "Vietnam Service:  22 December 1968 to 14 August 1969" in item 30 of his DD Form 214.

3.  As a related issue and in accordance with the governing regulation, item 22c of his DD Form 214 should be corrected to show the entry "USARPAC."

4.  Based on his service in Vietnam from 22 December 1968 to 14 August 1969 and participation in three campaigns, he is eligible for award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this medal.  



5.  He served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.

6.  His units were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is 
entitled to wear only one of these awards, his DD Form 214 should be corrected to show three unit awards.

7.  His units were cited for three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show three unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the entry "USARPAC" to item 22c of his DD Form 214;

	b.  adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214; and  

	c.  adding the entry "Vietnam Service:  22 December 1968 to 14 August 1969" to item 30 of his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show an infantry MOS.  




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100021436





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ABCMR Record of Proceedings (cont)                                         AR20100021436



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